Kansas paper publishes on schedule despite police seizure of computers etc., which attorney and judge get returned

Marion County Record Publisher Eric Meyer talked with journalists after his weekly newspaper hit the stands Wednesday. The subhead reads "but not silenced". (Kansas Reflector photo by Sherman Smith; for a larger version, click on it.)

Screenshot of MarionCountyRecord.com home page

The Marion County Record published its regular weekly edition today, after an all-nighter, and won another victory when the county attorney and a judge told local police who had seized the Kansas newspaper's computers and other materials last Friday to return them.

“I have come to the conclusion that insufficient evidence exists to establish a legally sufficient nexus between this alleged crime and the places searched and the items seized,” said County Attorney Joel Ensley, who had sought the search warrants. “I have submitted a proposed order asking the court to release the evidence seized. I have asked local law enforcement to return the material seized to the owners of the property.” District Judge Ben Sexton signed the order Wednesday morning, and the property was returned to the paper. Publisher Eric Meyer said it would undergo forensic examination "to find out whether law enforcement had accessed or reviewed any of their records."

Ensley said the Kansas Bureau of Investigation would make a report to him, after which he would decide if there was evidence “to support a charge for any offense.” The KBI said it would continue its work without examining any evidence seized last Friday, The Associated Press reports. Ensley also said he would ask the county District Court to release the affidavit that was the basis for the warrants signed by Magistrate Judge Laura Viar, reports Sherman Smith of the Kansas Reflector.

Viar signed the warrants "under the pretense that [Gideon] Cody, the police chief, had reason to believe a newspaper reporter committed identity theft and unlawful use of a computer," Smith reports. "It wasn’t clear what evidence would support such a search warrant, or if Cody and Viar understood the significance of raiding a newsroom." Katherine Jacobsen, program coordinator for the Committee to Protect Journalists, said at the newspaper office that "She wasn’t aware of any other example of police raiding a newsroom in United States history," the Reflector reports.

The Record has been investigating Cody's employment history, but has not published a story. Meyer told Marisa Kabas of The Handbasket, a Substack newsletter, "The allegations—including the identities of who made the allegations—were on one of the computers that got seized. I may be paranoid that this has anything to do with it, but when people come and seize your computer, you tend to be a little paranoid."

Though his paper was investigating Cody, Meyer told his department about another then-unpublished investigation, of a local restaurateur, that was prompted by a tip Meyer deemed suspicious. When he told the police, they told the restaurateur, who then complained about the paper at a city council meeting, prompting the Record to publish a story. The warrant mentioned the restaurateur and possible identity theft and unlawful use of a computer. Meyer said the paper merely used a state website to get public information.

The day after police raided his office and the home he shared with his 98-year-old mother, she collapsed and died, and Meyer blamed her death on the raids. Joan Meyer had worked 50 years at the paper, where her husband was an award-winning editor for its previous owner and her son was her co-owner for 25 years. Her funeral will be held Saturday.

"Meyer said his mother would be pleased by the outpouring of support the newspaper has received in recent days," Smith reports. "That includes 2,000 new subscriptions for a newspaper that previously had a circulation of about 4,000." Navy veteran Dennis Calvert "drove from Wichita to purchase a six-month subscription" and told Smith, “What the P.D. did here, in my opinion, from what I know, they are ****ing out of line,” Calvert said. “They are totally off the ****ing board. They’ve lost their morals, man. . . . In my opinion, right now, the police chief should be sitting over here in the jail.”